Parents in Maryland Seek Supreme Court Review on LGBTQ Curriculum Opt-Out
Parents in Montgomery County, Maryland, are advocating for their right to opt out of mandatory LGBTQ storybooks in schools, with their case now moving to the Supreme Court.
A coalition of Jewish, Christian, and Muslim parents has filed a lawsuit against the Montgomery County Public Schools, claiming that the school's requirement forces their children to engage in instruction that contradicts their religious beliefs, a violation of the First Amendment.
The issue emerged in November 2022, when the district began incorporating new LGBTQ books into its curriculum as part of an "inclusivity" initiative. According to the legal group Becket, representing the parents, the introduced books "champion pride parades, gender transitioning, and pronoun preferences for children."
Initially, parents were allowed to opt out of the curriculum, but in March 2023, the school board swiftly reversed its decision, stating that parents would not receive prior notification before the books were taught.
After filing their lawsuit in May 2023, the parents faced a setback when the district court ruled against them. Becket's appeal to the Fourth Circuit Court of Appeals also resulted in a ruling against the parents, with a 2-1 decision stating a lack of evidence showing how the policy infringed upon their children's First Amendment rights.
On January 17, the U.S. Supreme Court agreed to hear the case Mahmoud v. Taylor during its upcoming 2024-2025 term.
Among the plaintiffs is Grace Morrison, a mother of seven, who expressed concern over the new policy affecting her youngest child, who has Down's Syndrome and other special needs. Morrison highlighted that the ideology introduced in the books conflicts with their family's Catholic faith and is inappropriate for her daughter's age and understanding.
"We felt as parents that we would present these things to our children when they're ready to receive them," Morrison stated. "Starting to present issues of gender ideology to a child like this could be extremely confusing and damaging."
Following the court's decision against them, the Morrisons decided to homeschool their daughter, incurring additional costs of approximately $25,000 annually to provide necessary therapies and academic services that she previously received through public schooling.
The Montgomery County School Board’s policy stands out as one of the few nationwide that prohibits notifying parents about sexuality and gender instruction. Currently, 38 states, including Washington, D.C., offer opt-out options for parents, while others have different requirements regarding parental consent.
Becket attorney William Haun stated they will argue that the school's policy violates parents' First Amendment rights, emphasizing the need to allow parents to exercise authority over their child's religious development, particularly for young children and those with special needs.
The Montgomery County Board of Education has refrained from commenting on the ongoing legal situation.
